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US Supreme Court

Oral Argument Hints that Supreme Court May Trim Back US Industrial Source Greenhouse Gas Regulations

February 26, 2014 by James Coleman

On Monday, February 24, the Supreme Court heard oral argument in Utility Air Regulatory Group v. Environmental Protection Agency (EPA), in which petitioners challenged the EPA’s “Prevention of Significant Deterioration” (“PSD”) regulations for stationary industrial sources of greenhouse gases.[read more]

Carbon Pollution Standards and Permits: What's the Difference?

October 21, 2013 by NRDC Switchboard

A lot of people were confused by the Supreme Court’s decision to review one narrow aspect of EPA’s carbon pollution regulations. Some reporters got it right, but others got mixed up by the spin and swirl of certain Washington lawyers on the losing side.[read more]

Supreme Court Rejects Challenges to Climate Science and EPA Carbon Pollution Standards

October 17, 2013 by David Doniger

The Supreme Court recently rejected last-ditch efforts by industry and conservative states to block the EPA from setting standards to curb the carbon pollution that drives dangerous climate change. The Court’s ruling partially clears the way for EPA to issue pollution standards.[read more]

Does The Supreme Court's Health Care Decision Augur a Rollback of Environmental Laws?

July 18, 2012 by Eric Christensen


Since last month's landmark U.S. Supreme Court ruling upholding the Affordable Care Act's ("ACA") individual health insurance mandate (National Federation of Independent Business v. Sebelius), the legal blogosphere has been atwitter with speculation that the ruling portends a significant rollback of environmental laws. We believe this...[read more]

Supreme Court Doubles Down on EPA and Clean Air Act

June 23, 2011 by Steve Seidel

In a unanimous (8-0) decision, the U.S. Supreme Court ruled in AEP v Conn that the state and land trust plaintiffs could not invoke a federal common law public nuisance claim against the five largest electric power companies.  The plaintiffs in the case were seeking controls on the carbon dioxide emissions from the utilities’ power...[read more]

2011: The Year of Regulation?

January 3, 2011 by Geoffrey Styles

Some new years seem newer than others, bringing major changes rather than just the turning of a calendar page. 2011 is shaping up that way, with a return to divided government in the US and the beginning of national greenhouse gas regulation by the EPA based on that agency's interpretation of the Clean Air Act, rather than as a result of...[read more]